{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-50.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-50.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-50.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-50.html"}],"law_id":78150,"edition_id":1,"section_id":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","history":"Code 1950, \u00a7 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115; 2012, c. 725.","full_text":"A\n\nWhenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.B\n\nWhenever a fetal death, as defined in § 32.1-249, is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.C\n\nEvery such action under subsection A shall be brought by and in the name of the personal representative of such deceased person. Actions for fetal death under subsection B shall be brought by and in the name of the natural mother; provided, however, if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2, such action may be initiated or maintained by the administrator of the natural mother’s estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother or in the death or injury of the natural mother, recovery for all damages sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15. The person bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55 and any damages recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244.D\n\nIf the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases.E\n\nFor purposes of this section, “natural mother” means the woman carrying the child.","order_by":null,"text":{"0":{"id":280162,"text":"Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280163,"text":"Whenever a fetal death, as defined in § 32.1-249, is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280164,"text":"Every such action under subsection A shall be brought by and in the name of the personal representative of such deceased person. Actions for fetal death under subsection B shall be brought by and in the name of the natural mother; provided, however, if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2, such action may be initiated or maintained by the administrator of the natural mother’s estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother or in the death or injury of the natural mother, recovery for all damages sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15. The person bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55 and any damages recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280165,"text":"If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":280166,"text":"For purposes of this section, “natural mother” means the woman carrying the child.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"next_section":{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-50\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 470; in 1977, chapter 617; in 1981, chapter 115; in 2012, chapter 725<\/a>.<\/p>","references":[{"id":72168,"section_number":"16.1-77","catch_line":"Civil jurisdiction of general district courts; amending amount of claim","order_by":null,"url":"\/16.1-77\/"},{"id":76383,"section_number":"34-28.1","catch_line":"Personal injury and wrongful death actions exempt; exceptions","order_by":null,"url":"\/34-28.1\/"},{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"},{"id":86424,"section_number":"63.2-1215","catch_line":"Legal effects of adoption","order_by":null,"url":"\/63.2-1215\/"},{"id":56595,"section_number":"64.2-1301","catch_line":"When inventory and settlement not required","order_by":null,"url":"\/64.2-1301\/"},{"id":68103,"section_number":"64.2-454","catch_line":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","order_by":null,"url":"\/64.2-454\/"},{"id":61961,"section_number":"8.01-220.1:5","catch_line":"Defense of intra-family immunity abolished for wrongful death actions","order_by":null,"url":"\/8.01-220.1_5\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":55241,"section_number":"8.01-244","catch_line":"Actions for wrongful death; limitation","order_by":null,"url":"\/8.01-244\/"},{"id":60390,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","order_by":null,"url":"\/8.01-50.1\/"},{"id":66764,"section_number":"8.01-52","catch_line":"Amount of damages","order_by":null,"url":"\/8.01-52\/"},{"id":77689,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","order_by":null,"url":"\/8.01-52.1\/"},{"id":63421,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","order_by":null,"url":"\/8.01-53\/"},{"id":58794,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"},{"id":75330,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","order_by":null,"url":"\/8.01-56\/"},{"id":84842,"section_number":"8.01-57","catch_line":"Liability of railroads for injury to certain employees","order_by":null,"url":"\/8.01-57\/"},{"id":63025,"section_number":"8.01-66.10","catch_line":"Death claims settled by compromise or suit","order_by":null,"url":"\/8.01-66.10\/"}],"refers_to":[{"id":60025,"section_number":"32.1-249","catch_line":"Definitions","order_by":null,"url":"\/32.1-249\/"},{"id":80120,"section_number":"8.01-2","catch_line":"General definitions for this title","order_by":null,"url":"\/8.01-2\/"},{"id":58794,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","order_by":null,"url":"\/8.01-55\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":66555,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","order_by":null,"url":"\/8.01-581.15\/"}],"permalink":{"id":280861,"object_type":"law","relational_id":78150,"identifier":"8.01-50","token":"8.01\/3\/5\/8.01-50","url":"\/8.01-50\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","dublin_core":{"Title":"Action for death by wrongful act; how and when to be brought","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-50","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the death of a person<\/span> shall be caused by the wrongful act, neglect, or default<\/span> of any person<\/span> or corporation, or of any ship or vessel, and the act, neglect, or default<\/span> is such as would, if death had not ensued, have entitled the party<\/span> injured to maintain an action<\/span>, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages<\/span> in respect thereof, then, and in every such case, the person<\/span> who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action<\/span> for damages<\/span>, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults<\/span> or negligence<\/span> to a libel in personam, notwithstanding the death of the person<\/span> injured, and although the death shall have been caused under such circumstances, as amount in law<\/span> to a felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever a fetal death, as defined in § 32.1-249<\/a>, is caused by the wrongful act, neglect, or default<\/span> of any person<\/span>, ship, vessel, or corporation, the natural mother<\/span> of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action<\/span> for a fetal death against the natural mother<\/span> of the fetus. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every such action under subsection A shall be brought by and in the name of the personal representative of such deceased person<\/span>. Actions<\/span> for fetal death under subsection B shall be brought by and in the name of the natural mother<\/span>; provided, however, if the natural mother<\/span> dies, or is or becomes a person<\/span> under a disability as defined in § 8.01-2<\/a>, such action may be initiated or maintained by the administrator of the natural mother<\/span>’s estate, her guardian, or her personal representative qualified to bring such action. In an action for fetal death under subsection B brought under Chapter 21.1 (§ 8.01-581.1<\/a> et seq.) where the wrongful act that resulted in a fetal death also resulted in the death of another fetus of the natural mother<\/span> or in the death or injury of the natural mother<\/span>, recovery for all damages<\/span> sustained as a result of such wrongful act shall not exceed the limitations on the total amount recoverable for a single patient for any injury under § 8.01-581.15<\/a>. The person<\/span> bringing an action under subsection B shall have the power to compromise a claim pursuant to § 8.01-55<\/a> and any damages<\/span> recovered shall be distributed pursuant to this article. Every such action under this section shall be brought within the time limits specified in § 8.01-244<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the deceased person<\/span> was an infant who was in the custody<\/span> of a parent pursuant to an order<\/span> of court<\/span> or written agreement with the other parent, administration shall be granted first to the parent having custody<\/span>; however, that parent may waive<\/span> his right to qualify in favor of any other person<\/span> designated by him. If no such parent or his designee applies for administration within 30 days from the death of the infant, administration shall be granted as in other cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of this section, “natural mother<\/span>” means the woman carrying the child. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACTION FOR DEATH BY WRONGFUL ACT; HOW AND WHEN TO BE BROUGHT (\u00a7 8.01-50)\n\nA. Whenever the death of a person shall be caused by the wrongful act, neglect,\nor default of any person or corporation, or of any ship or vessel, and the act,\nneglect, or default is such as would, if death had not ensued, have entitled the\nparty injured to maintain an action, or to proceed in rem against such ship or\nvessel or in personam against the owners thereof or those having control of her,\nand to recover damages in respect thereof, then, and in every such case, the\nperson who, or corporation or ship or vessel which, would have been liable, if\ndeath had not ensued, shall be liable to an action for damages, or, if a ship or\nvessel, to a libel in rem, and her owners or those responsible for her acts or\ndefaults or negligence to a libel in personam, notwithstanding the death of the\nperson injured, and although the death shall have been caused under such\ncircumstances, as amount in law to a felony.\n\nB. Whenever a fetal death, as defined in § 32.1-249, is caused by the\nwrongful act, neglect, or default of any person, ship, vessel, or corporation,\nthe natural mother of the fetus may bring an action pursuant to this section\nagainst such tortfeasor. Nothing in this section shall be construed to create a\ncause of action for a fetal death against the natural mother of the fetus.\n\nC. Every such action under subsection A shall be brought by and in the name of\nthe personal representative of such deceased person. Actions for fetal death\nunder subsection B shall be brought by and in the name of the natural mother;\nprovided, however, if the natural mother dies, or is or becomes a person under a\ndisability as defined in § 8.01-2, such action may be initiated or\nmaintained by the administrator of the natural mother’s estate, her\nguardian, or her personal representative qualified to bring such action. In an\naction for fetal death under subsection B brought under Chapter 21.1 (§\n8.01-581.1 et seq.) where the wrongful act that resulted in a fetal death also\nresulted in the death of another fetus of the natural mother or in the death or\ninjury of the natural mother, recovery for all damages sustained as a result of\nsuch wrongful act shall not exceed the limitations on the total amount\nrecoverable for a single patient for any injury under § 8.01-581.15. The\nperson bringing an action under subsection B shall have the power to compromise\na claim pursuant to § 8.01-55 and any damages recovered shall be\ndistributed pursuant to this article. Every such action under this section shall\nbe brought within the time limits specified in § 8.01-244.\n\nD. If the deceased person was an infant who was in the custody of a parent\npursuant to an order of court or written agreement with the other parent,\nadministration shall be granted first to the parent having custody; however,\nthat parent may waive his right to qualify in favor of any other person\ndesignated by him. If no such parent or his designee applies for administration\nwithin 30 days from the death of the infant, administration shall be granted as\nin other cases.\n\nE. For purposes of this section, “natural mother” means the woman\ncarrying the child.\n\nHISTORY: Code 1950, \u00a7 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115; 2012, c.\n725.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}